HB 1437

1	A bill to be entitled
2	An act relating to access to health care; creating a
3	discount health care card pilot program and a discount
4	health care card plus pilot program in Miami-Dade County;
5	providing duties of the Department of Health to implement
6	the programs; providing conditions for provider funding
7	through the programs; requiring the department to
8	reimburse hospitals under certain circumstances; requiring
9	the department to submit an annual report for the duration
10	of the programs with recommendations to the Governor and
11	the Legislature; providing sovereign immunity for health
12	care providers that participate in the programs under
13	certain circumstances; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Discount health care card pilot program.--
18	(1)  The Department of Health shall establish a discount
19	health care card program as a 3-year pilot program in Miami-Dade
20	County. To implement the program, the department shall:
21	(a)  Establish an alliance between hospitals, federally
22	qualified health centers, free clinics, and other health care
23	providers in Miami-Dade County to provide primary care services
24	at a discount to county residents.
25	(b)  Negotiate with hospitals, clinics, and federally
26	qualified health centers, physicians groups, and other health
27	care providers regarding rates associated with the discount
28	health care card program. A hospital may not charge a rate that
29	exceeds 90 percent of the reimbursement allowed by Medicare. If
30	a provider does not participate in the alliance, the provider
31	may not file an application for a certificate of need,
32	participate in the personal care attendant program, or apply for
33	grants from or enter into contracts with the department.
34	(c)  Coordinate service delivery, eliminate duplication,
35	enhance cooperation, and ensure that individuals establish a
36	medical home.
37	(d)  Make services of the program available to any resident
38	of Miami-Dade County.
39	(2)  Each participant in the program shall have an
40	electronic medical record. The hospital, clinic, or federally
41	qualified health center that provides services to the
42	participant shall be the designated administrator of the
43	electronic medical record or the department may assign an
44	administrator.
45	(3)  Each January 1, for the duration of the 3-year pilot
46	program, the department shall submit to the Governor, the
47	President of the Senate, and the Speaker of the House of
48	Representatives an annual report on the success and outcomes
49	achieved by the pilot program, which must include a
50	recommendation as to whether the pilot program should be
51	continued, terminated, or expanded.
52	(4)  A health care provider that contracts to provide
53	services to a patient under this program shall be considered an
54	agent of the state and afforded sovereign immunity protection as
55	provided under s. 766.1115, Florida Statutes, only when
56	providing those services to the patient.
57	Section 2.  Discount health care plus card pilot program.--
58	(1)  The Department of Health shall establish a discount
59	health care plus card program as a 3-year pilot program in
60	Miami-Dade County. To implement the program, the department
61	shall:
62	(a)  Establish an alliance between hospitals, federally
63	qualified health centers, free clinics, and other health care
64	providers in Miami-Dade County to provide primary care services
65	at no charge to county residents whose income is equal to or
66	below 200 percent of the then-current federal poverty
67	guidelines.
68	(b)  Coordinate service delivery, eliminate duplication,
69	enhance cooperation, and ensure that individuals establish a
70	medical home.
71	(c)  Negotiate with hospitals, clinics, and federally
72	qualified health centers, physicians groups, and other health
73	care providers regarding rates associated with the discount
74	health care plus card program. A hospital may not charge a rate
75	that exceeds 90 percent of the reimbursement allowed by
76	Medicare. If a provider does not participate in the alliance,
77	the provider may not file an application for a certificate of
78	need, participate in the personal care attendant program, or
79	apply for grants from or enter into contracts with the
80	department.
81	(d)  Make services of the program available to any resident
82	of Miami-Dade County whose income is equal to or below 200
83	percent of the then-current federal poverty guidelines.
84	(2)  The department shall reimburse a hospital
85	participating in the program that incurs additional costs up to
86	25 percent of the costs for health care services that exceed
87	$20,000 with low-income pool funds according to published
88	federal statutes, regulations, and waivers and the low-income
89	pool methodology approved by the federal Centers for Medicare
90	and Medicaid Services. A participant shall agree to an
91	installment payment plan established by the hospital. If the
92	participant fails to pay the amount agreed upon for 4
93	consecutive months, the participant shall be removed from the
94	program until the unpaid balance is paid.
95	(3)  Each participant in the program shall have an
96	electronic medical record. The hospital, clinic, or federally
97	qualified health center that provides services to the
98	participant shall be the designated administrator of the
99	electronic medical record or the department may assign an
100	administrator.
101	(4)  Each January 1, for the duration of the 3-year pilot
102	program, the department shall submit to the Governor, the
103	President of the Senate, and the Speaker of the House of
104	Representatives an annual report on the success and outcomes
105	achieved by the pilot program, which must include a
106	recommendation as to whether the pilot program should be
107	continued, terminated, or expanded.
108	(5)  A health care provider that contracts to provide
109	services to a patient under this program shall be considered an
110	agent of the state and afforded sovereign immunity protection as
111	provided under s. 766.1115, Florida Statutes, only when
112	providing those services to the patient.
113	Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.